摘要： 起诉期限是行政诉讼法上的程序制度,属于诉讼要件之一,与诉讼时效在诉讼上的效果近似。其以尽早确定行政法律关系、维护法的安定性为首要目标,在制度设计上始终注重对当事人诉权的保护。起诉期限目前一体适用于各种诉讼请求,但应当限缩于撤销行政决定的诉讼请求,给付请求因面向未来而不应受到起诉期限限制,确认请求只应受确认利益的限制。起诉期限存在主观和客观的双重期限,在主观性起诉期限的起算方式上应当以权利人可以行使诉权为判断基准。在权利人行使诉权存在障碍时,目前法律上设置了起诉期限停止和延长的规定,但两者难以区分且效果近似,可作统一规定,并将停止事由类型化,以便于当事人准确认识并能实际行使诉权。唯有起诉期限设计得当,才能合理平衡法安定性和诉权保障的关系。

关键词: 起诉期限, 诉讼时效, 法安定性, 诉权行使

Abstract: The time limit for instituting litigation is a procedural system under the Administrative Litigation Law, with a similar litigation effect to the statute of limitations.It is primarily aimed at early ascertainment of administrative legal relations and protection of legal certainty, with its institutional design consistently protecting the parties' right to litigation.In terms of institutional design, consistent attention is paid to protecting the parties' right to litigation.Currently, the time limit for instituting litigation is uniformly applied to all types of claims, yet it should be restricted to claims for revoking administrative decisions.Claims for performance, which are forward-looking, ought not to be subject to such a time limit, and declaratory claims should only be bound by the requirement of declaratory interest.The time limit for instituting litigation comprises both subjective and objective periods.For the calculation of the subjective time limit, the criterion shall be whether the right holder is in a position to exercise the right to litigation.Where there are obstacles to the right holder's exercise of the right to litigation, the existing law stipulates the suspension and extension of the time limit for instituting litigation.However, these two provisions are difficult to distinguish and produce similar effects, hence they may be unified into a single regulation, and the causes for suspension shall be categorized.This is to enable the parties to accurately understand the rules and effectively exercise their right to litigation.Only when the time limit for instituting litigation is properly designed can the relationship between legal certainty and the protection of the right to litigation be reasonably balanced.

Key words: Time Limit for Instituting Litigation, Statute of Limitations, Legal Certainty, Exercise of the Right to Litigation